San Antonio Medical Malpractice & Personal Injury Lawyers
Photo of Airbag description on dash of car

Do I Have A Case If My Airbags Didn't Deploy In An Accident?

Taking Action When Your Airbags Fail You

You rely on your car’s airbags to protect you in case you get into a car accident. But there are many times when a crash occurs in which the airbags do not deploy for one reason or another. Sometimes it is just a glitch in the system that stops the deployment on time. Other times, the impact is not severe enough to trigger the minimum deployment threshold.

When airbags don’t deploy, you could be at a heightened risk of suffering a serious injury in the crash. But you could also encounter unexpected, additional complications in your car accident claim when you file it later.

How To Handle The Insurance Companies

Insurance companies will usually say that a car accident is only “serious” if the airbags deploy during it. The argument that they are trying to make is that a crash can only cause severe injuries in a violent crash and that a crash is only violent if the airbags deploy. However, airbags don’t always deploy as intended and serious injuries can happen in crashes at any speed.

If an insurance company is trying to say that your crash wasn’t serious because the airbag wasn’t deployed, then your car accident attorney might decide to work with a mechanical engineer or another automotive expert. The engineer can inspect your vehicle’s airbag to see if there was a defect that prevented it from deploying. If this can be proved scientifically, then the insurance company will have a more difficult time arguing that your accident wasn’t severe and that your injuries have been exaggerated.

Filing A Claim Against An Automaker

Don’t forget that you might be able to bring a claim against the automaker that manufactured your vehicle and sold it with a defective airbag. If your injuries in the crash because the airbag didn’t deploy, then the automaker could be liable or partially liable for your medical treatment costs, lost wages, and other relevant damages. To file a claim against an automaker, you should be prepared for serious opposition that will put up a big fight to keep your case quiet and closed without paying much or anything to you. Teaming up with a personal injury attorney is highly recommended, and if you have already hired a lawyer for your car accident claim, then they might be able to assist you with your other claim, too.

 Contact Maloney Law Group, P.L.L.C. today to schedule a consultation to learn more about your options with our personal injury attorney!